I wrote a check and post-dated it. However, the bank cashed it prior to the date written on the check. Can the bank do this?

Yes. Banks are permitted to pay checks even though payment occurs prior to the date of the check. A check is a negotiable instrument—the payee, the person to whom the check is written, may negotiate it through the banking system at any time.

If you have incurred damages because a check has been negotiated before its date, you should directly pursue the payee for restitution.

June 2019